News

In Wake of Barr v. AAPC, Solicitor General Defends TCPA Constitutionality

By EsqSocial Corporation 07/04/21

The federal government has waded into a debate on the constitutionality of the Telephone Consumer Protection Act (TCPA), an issue being litigated in the wake of the Barr v. American Association of Political Consultants (AAPC) decision by the Supreme Court last year....

Guardianship: It’s an Emergency and I Care a Lot…About Your Assets

By EsqSocial Corporation 07/04/21

I recently watched the 2020 Netflix film “I Care a Lot”, the story of a professional court-appointed guardian (played by actress Rosamund Pike) who bilks the assets of dozens of elderly wards.

Legislature Adjourns Without Enacting Alternative Medical Marijuana Program, Department of Health Releases Draft Testing Laboratory Regulations

By EsqSocial Corporation 07/04/21

On March 30, 2021, the Mississippi State Department of Health published in draft form Regulations for Independent Medical Marijuana Testing Facilities.  Just a few days later, on April 4, the Mississippi Legislature adjourned sine die, bringing to a close efforts made during the 2021 Regular Sess

The Jury Returns to Delaware

By EsqSocial Corporation 07/04/21

Delaware has one of the most active federal civil trial dockets in the country. On Monday, it issued this notice: In short, Delaware is back......
By: McDermott Will & Emery

The Final Say: Conversion from Chapter 11 to Chapter 7 is Not a Given

By EsqSocial Corporation 07/04/21

It is well-settled that if you are a debtor in chapter 11, you do not have the unfettered right to convert the case to a chapter 7 liquidation.  A recent 10th Circuit decision shows why. Kearney v. Unsecured Creditors Committee et al., BAP No. 20-33, 2021 WL 941435 (B.A.P. 10th Cir. Mar.

District of Delaware Recites Policy Rationale for Dismissing Willful and Indirect Infringement Claims for Failure to Plead Pre-Suit Knowledge of Infringement

By EsqSocial Corporation 07/04/21

On March 24, 2021, U.S. District Judge Colm F. Connolly of the District of Delaware, granted a defendant’s motion to dismiss claims for contributory and induced infringement and enhanced damages under 35 U.S.C.

UK Tax Round Up - March 2021

By EsqSocial Corporation 07/04/21

Spring Budget and Tax Day - After months of speculation about the possibility that capital gains tax (CGT) rates would be increased in the Spring Budget, both it and the government’s follow up “Tax Day” on 23 March passed without any announcement on the future of CGT (or much else of immediate

Make sure it’s not a gimmick

By EsqSocial Corporation 07/04/21

A few years back, a good friend of mine who is an ERISA §3(38) fiduciary won a case from a disgruntled broker who claimed that all 3(38) services were just marketing.

Plaintiff’s TCPA Suit Stays in Federal Court

By EsqSocial Corporation 07/04/21

A plaintiff could not get his Telephone Consumer Protection Act (TCPA) class action remanded to state court after a Pennsylvania federal court found he had standing to remain in federal court....
By: Manatt, Phelps & Phillips, LLP

Second Circuit Finds Andy Warhol’s Use of Prince Photograph Wasn’t All That Transformative After All

By EsqSocial Corporation 07/04/21

For nearly two decades, the “transformative use test” has been a staple of fair use analysis, and particularly in the Second Circuit. The Copyright Act, however, uses the word “transformative” not in the section on fair use but in defining derivative works.

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